Motorcyclists have a higher risk of life-altering and fatal injuries in the event of a crash. Fortunately, research shows that certain safety equipment, such as helmets play a significant role in reducing motorcycle fatalities.
Different states have different laws on a wide range of issues, but what most people may not think of is the differences in motorcycle laws. California’s motorcycles laws differ a lot from other states and it would be wise to consult a Bakersfield motorcycle accident lawyer for advice on the motorcycle laws and requirements if you’re considering getting a motorcycle license (M1) or a motorcycle.
California Helmet Law
You’re legally obligated to know the motorcycle laws in Bakersfield, California, and obey them as a motorcyclist in that jurisdiction. It is also within your rights to seek justice for an accident caused by the negligence of another party if you were operating within the law when the accident occurred. Understanding the helmet law lays a solid foundation for understanding how a helmet impacts a motorcycle accident injury claim–you can tell whether the case is worth pursuing or not.
California and other 18 states passed motorcycle helmet laws to protect riders and require anyone motorcyclists, motorized bikes, and their passengers to wear federally-approved helmets. In 1992, California was among the first states to pass the helmet law and other states followed suit. While the majority of the states with helmet laws only required children and teenagers to wear safety helmets, all motorcyclists and their passengers must wear safety helmets in California. Motorcycle fatalities in California reduced by 37.5% after the introduction of the helmet law. But what is a safety helmet?
What is a Safety Helmet?
California’s motorcyclists and their passengers must wear a safety helmet. So, what is a safety helmet that satisfies California’s helmet statutes? Vehicle Code Section 27802 states that the state is mandated to specify safety standards for motorcycle helmets and the standards must comply with the federal government’s safety regulations. The features of a safety helmet according to NTSA and the Department of Transport include:
- Helmet Weight
A safety helmet should approximately weigh three pounds.
- Sturdy and Riveted Chin Straps
Safety helmets must have chin straps attached with sturdy rivets.
- Inner Liner
Safety helmets must have a firm polystyrene foam inner lining of approximately 1-inch thick.
- Limited Protrusions
Safety helmets must not have protrusions of more than two-tenths of an inch from the surface or any funny designs–visor fasteners are allowed but spikes and other decorative are prohibited.
Legal safety helmets can be easily identified by a DOT sticker and California motorcyclists are required to affix the DOT sticker for easier identification for enforcement.
What Does It Mean to Wear a Helmet?
Does placing any helmet on the head satisfy the legal definition of “wearing” a safety helmet? The answer is No. California law states that “wearing a helmet” will mean:
- Your helmet’s straps must be fastened;
- Your helmet must fit the wearer securely;
- There should be no lateral or vertical movements when the helmet is fastened.
So, wearing a helmet without fastening the chin straps or wearing an ill-fitting helmet is considered an offense according to California law.
Consequences of Not Wear a Helmet in California
Criminal Consequences
It’s a crime and a safety hazard to ride a motorbike without wearing a safety helmet in California–as mentioned above. Also, the California Highway Patrol states that riding without a safety helmet is a traffic offense that attracts a maximum fine of $250 and/or 1 year of probation.
Civil Consequences
Failing to wear a safety helmet while riding a motorbike in California can impact a civil trial or a personal injury claim. The recoverable financial damages will be proportionately reduced to the degree of contribution, fault, or responsibility.
For example, A–a motorcyclist, is hit and injured by B–a distracted motorist. However, A’s helmet wasn’t fastened and he suffered serious head injuries on impact. Consequently, A’s fault or degree of responsibility was established to be 50%. A can only recover 50% of his claim if he files legal action or a personal injury claim according to the principle of contributory negligence.
Applicable Law for Awarding Damages in California
Is California a contributory or pure comparative negligence state? California is a pure comparative negligence state. A plaintiff can still recover damages in pure comparative negligence jurisdictions regardless of their contribution to the accident–like in the above illustration where motorcyclist A was involved in an accident with motorist B. Each party is liable to the extent of their fault, including the faulting party or defendant. In the above illustration, B is responsible for 50% of A’s claim.
Helmet law can impact the outcome of a motorcycle injury claim in California. The recoverable damages will be reduced proportionately to the degree of contribution as a plaintiff.